Alliance & Leicester Plc v. Kidd [2007] UKEAT 0078_07_1304 (13 April 2007)

Alliance & Leicester Plc v. Kidd [2007] UKEAT 0078_07_1304 (13 April 2007)

A claimant cannot rely on the negligent advice of a trade union official or solicitor to justify late presentation of an unfair dismissal claim under the 'reasonable practicability' test in Section 111(2) of the Employment Rights Act 1996; the Tribunal Chairman erred in law by allowing the claim to proceed out of time on this basis.

Citation
[2007] UKEAT 0078_07_1304
Parties
Respondent / Claimant: Mrs Kidd; Appellant / Respondent: Employer (not named)
Jurisdiction
United Kingdom
Judgment Date
13 April 2007
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision Extending Time for Unfair Dismissal and Breach of Contract Claims
Outcome
Appeal allowed. Decision of Chairman set aside. Complaints of unfair dismissal and breach of contract were out of time.
Legal Topics
Unfair Dismissal, Limitation Periods, Extension of Time, Reasonable Practicability, Negligence of Adviser
Employment Law Unfair Dismissal Limitation Periods Extension of Time Reasonable Practicability Negligence of Adviser

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Parties

Mrs Kidd

Respondent / Claimant

Employer (not named)

Appellant / Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision Extending Time for Unfair Dismissal and Breach of Contract Claims

Legal Issues

  1. 1 Whether a claimant can rely on negligent advice of a trade union official to justify late filing of an unfair dismissal claim under the 'reasonable practicability' test in Section 111(2) of the Employment Rights Act 1996.
  2. 2 Whether the Employment Tribunal Chairman erred in law by applying the wrong legal test and relying on irrelevant case law.

Ratio Decidendi

A claimant cannot rely on the negligent advice of a trade union official or solicitor to justify late presentation of an unfair dismissal claim under the 'reasonable practicability' test in Section 111(2) of the Employment Rights Act 1996; the Tribunal Chairman erred in law by allowing the claim to proceed out of time on this basis.

Court Disposition

Appeal allowed. Decision of Chairman set aside. Complaints of unfair dismissal and breach of contract were out of time.

Orders

  • Appeal allowed
  • Decision of Chairman set aside